Fur Farming (Compensation Scheme) (England) Order 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/221 |
| Year | 2002 |
- “the 2001 Order” means the Fur Farming (Compensation Scheme) (England) Order 2001;
- “the Act” means the Fur Farming (Prohibition) Act 2000;
- “agricultural occupancy condition” means a condition either imposed or having effect under section 70 of the Town and Country Planning Act 1990 by virtue of which the occupation of a dwelling is limited to a category of persons which includes persons solely or mainly working in the locality for the purposes of agriculture;
- “applicant” means a person claiming to be entitled to compensation in accordance with this Order and making a first-stage application;
- “asbestos” means amosite, crocidolite, chrysotile, fibrous actinolite, fibrous anthophyllite, fibrous tremolite and any mixture containing one or more of those minerals;
- “associate” means any of the following—
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(a) in relation to a natural person—
- (i) that person’s spouse or any of that person’s relatives;
- (ii) any person with whom that person, that person’s spouse or any of that person’s relatives is in partnership; or
- (iii) any body corporate of which that person, that person’s spouse or any of that person’s relatives is a director or controller;
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(b) in relation to a body corporate—
- (i) any of its directors or controllers;
- (ii) any subsidiary of the body corporate;
- (iii) any of the directors or controllers of such a subsidiary;
- (iv) if the body corporate is itself a subsidiary, any other subsidiary of the holding company they have in common;
- (v) any director or controller of any such other subsidiary; or
- (vi) any person with whom that body corporate is in partnership; or
- (c) in relation to any person, the spouse or any of the relatives of any of the natural persons identified as associates elsewhere in this definition;
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(a) in relation to a natural person—
- “acting in concert” means acting in accordance with an agreement or arrangement with respect to either—
- (a) the acquisition, holding or disposal of shares or other interests in a body corporate; or
- (b) the exercise of voting power in a body corporate;
- “controller” means (in relation to a body corporate) any person—
- (a) in accordance with whose directions or instructions the directors of that body corporate or of any other body corporate which is its controller are accustomed to act; or
- (b) who (either alone or with any associate or with any person with whom he is acting in concert) is entitled to exercise or control the exercise of at least one-third of the voting power at any general meeting of that body corporate or of any other body corporate which is its controller;
- “director” means—
- (a) in relation to a body corporate whose affairs are managed by a board of directors or similar body, a member of that board or body;
- (b) in relation to a body corporate whose affairs are managed by a single director or similar person, that director or person; or
- (c) in relation to a body corporate whose affairs are managed by the members themselves, a member of the body corporate;
- “holding company” means a holding company within the meaning of section 736(1) of the Companies Act 1985 ;
- “relative” means parent (or step-parent) , child (or step-child) , brother, sister, uncle, aunt, nephew, niece, grandparent or grandchild; and
- “subsidiary” means a subsidiary within the meaning of section 736(1) of the Companies Act 1985;
- “Bank of England base rate” means the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank of England is willing to enter into transactions for providing short term liquidity in the money markets;
- “breeding female” means a female mink kept solely or primarily for either or both of the following purposes—
- (a) breeding progeny for slaughter for the value of their fur; or
- (b) breeding progeny for sale for such slaughter;
- “determination as to amount” means a determination made by the Minister under article 8 as to the amount of compensation payable to an entitled applicant;
- “determination of entitlement” means a determination made by the Minister under article 5 that an applicant is entitled to compensation under this Order;
- “discounted replacement cost” means (in relation to an item of equipment) the reasonable cost of replacing that item less a reasonable allowance in respect of depreciation which—
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(a) takes into account both—
- (i) the age, condition and expected useful life of the item; and
- (ii) any other factors that are relevant; and
- (b) is arrived at in accordance with UK GAAP;
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(a) takes into account both—
- “entitled applicant” means an entitled person making a second-stage application;
- “entitled person” means a person in respect of whom a determination of entitlement has been made;
- “equipment” includes—
- (a) equipment which is attached to any land or building (as well as equipment which is not) ;
- (b) specialised buildings; and
- (c) security installations;
- “first-stage application” means an application made in accordance with article 4 and Schedule 2 for a determination of entitlement;
- “the Minister” means the Minister of Agriculture, Fisheries and Food;
- “mink” means an animal of the species Mustela vison;
- “non-qualifying business” means a business carried on (or formerly carried on) so far as it consists (or consisted) of activities other than keeping mink for one or more of the relevant purposes;
- “professional fees” means any fees paid by an applicant or an entitled applicant to an accountant or to a surveyor or valuer (or both) in respect of the work carried out by them in preparing a first-stage application or a second-stage application (or both) ;
- “qualifying business” means a business carried on (or formerly carried on) so far as it consists (or consisted) of keeping mink for one or more of the relevant purposes;
- “reference date” means (in relation to a qualifying business) the date on which the last complete accounting period prior to the cessation of the qualifying business ended; and
- “reference period” means (in relation to a qualifying business) the period of five years ending on the reference date for that qualifying business.
- “relevant planning gain” means any increase in the value of a restricted property which—
- (a) results from the removal of the agricultural occupancy condition from that property following the cessation of a qualifying business; and
- (b) is realised on the sale of the property within three years of the date on which the entitled person ceased to carry on his qualifying business;
- “relevant purposes” means (in relation to the keeping of mink) the following purposes—
- (a) slaughter (whether by the keeper of the mink or by any other person) solely or primarily for the value of their fur;
- (b) sale for such slaughter;
- (c) breeding progeny for such slaughter; and
- (d) breeding progeny for sale for such slaughter;
- “restricted property” means any property—
- (a) in which an entitled person (or any associate of that entitled person) had a freehold or...
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